Marietta and Metro Atlanta Divorce and Family Law Blog

Is Your Divorce Really Uncontested?

Posted by Diane Cherry, Managing Partner | Nov 24, 2022 | 0 Comments

Uncontested Divorce Questions
What Questions Should You Ask Yourself When Seeking an Uncontested Divorce

When is an Uncontested Divorce Not an Uncontested Divorce?
Here are three common scenarios when a divorce is not uncontested.

Scenario #1:
One: You both want a divorce. 
Two: You both want it to be uncontested.
Three: You haven't discussed how you will divide things up and want to go to mediation and have a mediator tell you what to do.

Unfortunately, you don't have an uncontested divorce in Scenario #1.

If you have discussed everything in advance and agreed on all issues, you can have an uncontested divorce.  But that means you agree on everything from division of assets to custody to child support and alimony.  If there is one single thing that you do not agree on, you don't have what you need for an uncontested divorce.  If you need mediation to resolve issues, your divorce is not uncontested.  And if you need mediation, you better make sure you are represented by a lawyer who can discuss your legal rights and responsibility with you before, during and after mediation.

Scenario #2
One: You both want a divorce. 
Two: You both want it to be uncontested.
Three: Neither of you can afford to spend much money on a lawyer.

Once again, you don't have an uncontested divorce in Scenario #2.

Your divorce doesn't magically become uncontested just because you have limited funds to spend on a lawyer.  Many people expect a divorce to be uncontested because they are willing to settle upon what they think are reasonable terms.  You can't force your spouse to agree to your settlement terms regardless of how generous or reasonable they may be. So if you lack agreement as to every single issue, your divorce is not uncontested. 

Scenario #3
One: You both want a divorce. 
Two: You both want it to be uncontested.
Three: Neither of you wants to “go to court.”

Scenario #3 is another example of a divorce not being uncontested.  

Most people would prefer to avoid court but sometimes it's unavoidable.  If both you and your spouse want the BMW, you either come to an agreement or you will end up going to court and letting a judge decide who gets the BMW.  If your spouse wants alimony and you refuse to pay alimony, you will end up in court even though neither of you wants to go to court.   That's because show downs and gun fights that were used to resolve disputes in the 1800s are no longer legal in Georgia.   Not even mediation can guarantee that you will reach agreement.  You both may want to desperately resolve your case at mediation but be unable to reach an agreement on all issues and be forced to go to court. 

The bottom line is unless you agree on all issues at the outset of your case, you have a regular old divorce.  You must be in full agreement on all issues at the outset of your case for your divorce to be uncontested.

About the Author

Diane Cherry, Managing Partner

I am an Atlanta area Family Law Attorney who has represented hundreds of clients in federal and state courts and administrative hearing cases throughout the State of Georgia.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

PEACE OF MIND, FOR WHAT MATTERS TO YOU

Separation and divorce are often the most difficult times of a person's life. Our family law experts are dedicated to representing every client with integrity, dedication, and with the understanding that you are trusting us to help resolve your divorce or family law matter as if you were a member of our family.

Menu